HomeMy WebLinkAboutR-00-0803J-00-727
9/5/00
RESOLUTION NO. 0 0 — 8 0
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; IMPOSING FIRE
ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED
WITHIN THE CITY OF MIAMI FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2000; APPROVING THE RATE
OF ASSESSMENT; APPROVING THE.ASSESSMENT ROLL;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission enacted Ordinance No. 11584
(the "Ordinance"), which amended the Code of the City of Miami,
Florida (the "Code"), by adding new Chapter 19.5, entitled "Fire
Rescue Assessment", which authorizes the imposition of Fire
Assessments for fire services, facilities, and programs against
Assessed Property located within the City; and
WHEREAS, the imposition of a Fire Assessment for fire
services, facilities, and programs each fiscal year is an
equitable and efficient method of allocating and apportioning
Fire Assessed Costs among parcels of Assessed Property; and
WHEREAS, the City Commission desires to impose a fire
assessment program within the City using the tax bill collection
method for the Fiscal Year beginning on October 1, 2000; and
CITY COMMISSION,
MEETING OF
S E P 1 4 2900
Aegoluuoo 440.�i1�
WHEREAS, the City Commission adopted Resolution No. 00-669
on July 27, 2000, (hereinafter the "Preliminary Rate
Resolution"), containing and referencing a brief and general
description of the fire facilities and services to be provided to
Assessed Property, describing the method of apportioning the Fire
Assessed Cost to compute the Fire Assessment for fire services,
facilities, and programs against Assessed Property, estimating a
rate of assessment, and directing the updating and preparation of
the Assessment Roll, provision of published notice required by
the Ordinance and mailed notice if circumstances described in
Section 19.5-10 of the Code of the City of Miami so required; and
WHEREAS, pursuant to the provisions of Section 19.5-12 of
the Code, the City is required to confirm or repeal the
Preliminary Assessment Resolution, with such amendments as the
City Commission deems appropriate, after hearing comments and
objections of all interested parties; and
WHEREAS, the updated Assessment Roll has heretofore been
made available for inspection by the public, as required by
Section 19.5-9 of the Code; and
WHEREAS, notice of a public hearing has been published and
mailed, as required by the terms of Sections 19.5-10 and 19.5-11
of the Code, which provides notice to all interested persons of
an opportunity to be heard, with an affidavit.regarding the proof
of publication being attached hereto as Appendix A; and
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WHEREAS, a public, hearing was held on September 14, .2000,
and comments and objections of all interested persons have been
heard and considered as required by the provisions of
Section 19.5-12 of the Code;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Sectional. This Resolution is hereby adopted pursuant to
Chapter 19.5 of the Code of the City of Miami, Florida, as
amended (the "Code"), the Preliminary Assessment Resolution,
Sections 166.021 and 166.041, Florida Statutes and other
applicable provisions of law.
Section 2. This Resolution constitutes the Annual Rate
Resolution as defined in Chapter 19.5 of the Code. All
capitalized terms in this Resolution shall have the meanings
defined in Chapter 19.5 of the. Code and, the Initial Assessment
Resolution (Resolution No. 98-325), and the Preliminary Rate
Resolution.
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Section 3. (A) The parcels of Assessed Property
described in the Assessment Roll, as updated, which is hereby
approved, are hereby found to be specially benefited by the
provision of the fire services, facilities, and programs
described or referenced in the Preliminary Rate Resolution, in
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the amount of the Fire Assessment set forth in the updated
Assessment Roll, a copy of which was present or available for
inspection at the above referenced public hearing and is
incorporated herein by reference. It is hereby ascertained,
determined and declared that each parcel of Assessed Property
within the City will be specially benefited by the City's
provision of fire services, facilities, and programs in an amount
not less than the Fire Assessment for such parcel, computed in
the manner set forth in the Preliminary Rate Resolution.
Adoption of this Annual Rate Resolution constitutes a legislative
determination that all parcels assessed derive a special benefit,
as set forth in Chapter 19.5 of the Code in a manner consistent
with the legislative,declarations, determinations and findings as
set forth in the Ordinance, the Initial Assessment Resolution,
and the Preliminary Rate Resolution from the fire services,
facilities, or programs to be provided and a legislative
determination that the Fire Assessments are fairly and reasonably
apportioned among the properties that receive the special benefit
as set forth in the'Preliminary Rate Resolution.
(B) The method for computing Fire Assessments described or
referenced in the Preliminary Rate Resolution is hereby approved.
(C) For the Fiscal Year beginning October 1, 2000, the
estimated Fire Assessed Cost to be assessed is $18,741,948.00.
The Fire Assessments to be assessed and apportioned among
benefited parcels pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Assessed Cost for
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the Fiscal Year commencing October 1, 2000, are hereby
established as follows:
RESIDENTIAL
PROPERTY USE
CATEGORIES
Rate Per Dwelling
Unit
Single Family
61.00
Multi -Family
75.00
Public Housinq
$212.00
ON -RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
Commercia
1
Industrial/ Institutional
Warehouse
< 1,999
124
46
135
2,000 - 3,499
248 92 270
3,500 - 4,999..
435 161 473
5,000 - 9,999
621 230 675
10,000 - 19,999
$1,242 461 $1,351
20,000 - 29,999
$2,483 921 $2,702
30,000 - 39,999
$3,725 $1,382 $4,052
40,000 - 49,999
$4,966 $1,843 $5,403
50,000 - 59,999
$6,208 $2,304 $6,754
60,000 - 69,999
$7,450 $2,764 $8,1b5
70,000 - 79,999
$8,691 31225 $9,456
80,000 - 89,999
$9,933 $3,686 $10,806
90,000 - 99,999
$11,174 $4,146 $12,157
100,000 - 124,999
$12,416 $4,607 $13,508
125,000 - 149,999
$15,520 $5,759 16,885
150,000 - 174,9
18,624 $6,911 $20,262
175,000 - 199,999
$21,728 $8,063, $23,639
>200,000
$24,832, $9,2141 $27,016
The above rates of assessment are hereby approved. Fire
Assessments for fire services, facilities, and programs in the
amounts set forth in the updated Assessment Roll, as herein
approved, are hereby levied and imposed on all parcels of
Assessed Property described in such Assessment Roll for Fiscal
Year beginning October 1, 2000.
(D) As authorized in Section 19.5-19 of the Code, interim
Fire Assessments are also levied and imposed against all property
for which a Certificate of Occupancy is issued after, adoption of
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this Resolution based upon the rates of assessment approved
herein.
(E) Fire Assessments shall constitute a lien upon the
Assessed Property equal in rank and dignity with the liens of all
state, county, district or municipal taxes and other non -ad
valorem assessments. Except as otherwise provided by law, such
lien shall be superior in dignity to all other liens, titles and
claims, until paid.
(F) The Assessment Roll, as herein approved, together with
the -correction of any errors or omissions as provided for in the
Ordinance, shall be delivered to the Tax Collector for collection
using the tax bill collection method in the manner prescribed by
the Ordinance. The Assessment Roll, as delivered to the Tax
Collector, shall be accompanied by a Certificate to Non -Ad
Valorem Assessment Roll in substantially the form attached hereto
as Appendix B.
Section 4. The Preliminary Rate Resolution is hereby
confirmed.
Section 5. The adoption of this Annual Rate Resolution
shall be the final adjudication of the issues presented
(including, but not limited to, the determination of special
benefit and fair apportionment to the Assessed Property, the
method of apportionment and assessment, the rate of assessment,
the Assessment Roll and the levy and lien of the Fire
Assessments), unless proper steps shall be initiated in a court
Page 6 of 7 0 — v
of competent jurisdiction to secure relief within 20 days from
the date of this Annual Rate Resolution.
Section 6. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 14th day of September , 2000.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the May.cr did not Indicate ippprWt,cl of
this legislation by signing it in the designated place pr vided, s -id Isar islateo
becomes effective with the elapse of ten (10) da "s from I.i-#^
regarding same, without the Mayor exerd ing veto.
ATTEST:
alt an, City Clerk
WALTER J. FOEMAN
CITY CLERK _
�i If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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APPENDIX A
PROOF OF PUBLICATION
A-1
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CITY OF MIAMI
NOTICE OF PUBLIC HEARING
NOTICE OF HEARING TO IMPOSE AND PROVIDE FOR
COLLECTION OF FIRE SPECIAL ASSESSMENTS
Notice is hereby given
that the City Commission of
the City of Miami will con-
duct a public hearing to con-
sider imposing special
assessments for the provision
of fire services within the
City of Miami for the Fiscal
Year beginning October 1.
2000.
The hearing will be held
at 5:05 p.m. on September
14, 2000, in the City
Commission Chambers of
City Hall, 3500 Pan
American Drive, Miami.
Florida, for the purpose of
receiving public comment on
the proposed assessments.
All affected property owners
have a right to appear at the
hearing and to file written
objections with the City
Commission within 20 days
of this notice. If a person
decides to appeal any deci-
sion made by the City Commission with respect to any matter con-
sidered at the hearing, such person will need a record of the proceed-
ings and may need to ensure that a verbatim record is made, includ-
ing the testimony and evidence upon which the appeal is to be made.
In accordance with the Americans with Disabilities Act, persons
needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk at (305) 250-5360 at
least seven days prior to the date of the hearing:
The assessment for each parcel of property will be based upon
each parcel's classification and the
total number of billing units attrib-
RESIDENTIAL uted to that parcel. The following
PROPERTY USE RATE PER
CATEGORIES OWELLINGUNIT table reflects the proposed fire
SI^o.•F•m�I. _ u,.� assessment schedule.
BUILDING
ON -RESIDENTIAL CLASSIFICATION
PROPERTY USE (IN SQUARE INDUSTRIAL
CATEGORIES FOOT RANGES) COMMERCIAL WAREHOUSE INSTRUTIONAL
Pursuant to Section 8 of the Preliminary Rate Resolution
(Resolution No. 00-669), the City Commission has ascertained.
determined, and declared that Institutional Properties provide facili-
ties and uses to the ownership, occupants, membership, as well as the
public in general that otherwise might be requested or required to be
provided by the City and such use thereof serves a legitimate public
purpose and provides a public benefit. Therefore, it is fair and rea-
sonable not to impose Fire Assessments upon such Institutional
Property whose use is also wholly exempt from ad valorem taxation
under Florida. Law, which typically describes improved parcels
which are neither residential, commercial or industrial in use, and are
predominately used for edu-
cational, governmental,
eleemosynary, community
service, religious. cultural,
literary, health care, benevo-
lent and scientific purposes.
Pursuant to Section 8 of the
Preliminary Rate Resolution
the City Commission has
ascertained, determined, and
declared that Public Housing
Property relieves a shortage
of safe or sanitary dwelling
accommodations available at
rents which persons of low
income can afford and
avoids conditions which oth-
erwise might necessitate the
further expenditure of public
funds. Therefore, it is fair
and reasonable not to impose
Fire Assessments upon
Public Housing Property.
Any shortfall in the expected
Fire Assessment proceeds
due to any reduction or exemption from payment of the Fire
Assessments required by law or authonzed by the City Commission
shall be supplemented by any legally available funds, or combination
of such funds, and shall not be paid for by proceeds of funds derived
from the Fire Assessments. The City Commission has also made the
legislative determination that in the event a court of competent juris-
diction determines any exemption or reduction by the City
Commission is improper or otherwise adversely affects the validity
of the Fire Assessments imposed for this Fiscal Year, the sole and
exclusive remedy shall be the imposition of a Fire Assessment upon
each affected tax parcel in the amount of the Fire Assessment that
would have been otherwise imposed save and except for such reduc-
tion or exemption afforded to such tax parcel by the City
Commission.
Copies of the Fire Assessment Ordinance (Ordinance No.
11584), the Initial Assessment Resolution (Resolution No. 98-325).
the Final Assessment Resolution (Resolution No. 98-419), the
Preliminary Rate Resolution (Resolution No. 00-669), and the
amendment thereto, initiating the annual process of updating the
Assessment Roll and imposing the Fire Assessments, and the pre-
liminary Assessment Roll for the upcoming fiscal year are available
for inspection at the Office of the City Clerk of Miami, Florida. 3500
Pan American Drive, Miami. Florida.
The assessments will be collected on the ad valorem tax bill to
be mailed in November 2000, as authorized by Section 197.3632.
Florida Statutes. Failure to pay the assessments will cause a tax cer-
tificate to be issued against the property which may result in a loss of
title. t
If you have any questions, please contact the City of Miami at
(305) 416-1570. Monday through Friday between 8:30 a.m. and 4:30
p. M.
o`qv of y WALTER J. FOEM,AN
CITY CLERK
F ; CITY OF MIAMI, FLORIDA
(#9316)00
ehe Miami fferata el Nuevo Herold
www.heraid.com www.clher2id.com
PUBLISHED DAILY
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
Jane Florea
who on oath says that she is
Account Representative
of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the
advertisement for City of Miami appeared in said newspaper in the issues of:
The Miami Herald, Thursday, August 24, 2000
Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said
Dade County, Florida and that the said newspaper has heretofore been continuously published in
said Dade County, Florida, each day and has been entered as second class mail matter at the
post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first
publication of the attoched copy of advertisement.
Kolyer
Sworn to and subscribed before me
This 7th day of September, 2000
Rotary Public State of Florida
RISA KOLYER
Commission # CC742759
Expires 8 118 / 2.003
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APPENDIX B
1�i
FORM OF CERTIFICATE TO
NON -AD VALOREM ASSESSMENT ROLL
B-1 00. 803
CERTIFICATE
TO
NON -AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that, I am the City Manager of the
City of Miami, Florida (the "City"); as such I have
satisfied myself that all property included or includable on
the non -ad valorem assessment roll for fire services (the
"Non -Ad Valorem Assessment Roll") for the City is properly
assessed so far as I have been able to ascertain; and that
all required extensions on the above described roll to show
the non -ad valorem assessments attributable to the property
listed therein have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform
Assessment Collection Act, this certificate and the herein
described Non -Ad Valorem Assessment Roll will be delivered
to the Miami -Dade County Tax Collector on September 15,
2000.
IN WITNESS WHEREOF, I have subscribed this certificate
and directed the same to be delivered to the Miami -Dade
County Tax Collector and made part of the above described
Non -Ad Valorem Assessment Roll this day of
2000.
CITY OF MIAMI, FLORIDA
Q�
Carlos A. Gimenez
City Manager
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor and
TO: Members of a City Co ission
. Gime
FROM: City Manager
RECOMMENDATION
DATE: AUG 2 9 2000 FILE: FM" 141.doc
SUBJECT: Fire Assessment
FY 2000-2001
Commission Meeting 9/14/00
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the attached Final Assessment Resolution, with
attachments, relating to the Fire Assessment be adopted. This Resolution re -imposes the
Fire assessments against assessed property located within the City of Miami for the fiscal
year beginning October 1, 2000. It further approves the rate of assessment and
assessment roll as well as provide for an effective date.
BACKGROUND
The preliminary rate schedule was approved pursuant to Resolution No. 00-669, adopted
July 27, 2000, and was in accordance with the Five Year Plan which was previously
approved by the Miami City Commission and the Financial Oversight Board.
Upon the re -imposition of Fire Assessments for fire services, facilities, or programs against
Assessed Property located with the City, the City shall provide fire services to such
Assessed Property. A portion of the cost to provide such fire services, facilities, or
programs shall be funded from proceeds of the Fire Assessments. The remaining cost
required to provide fire rescue services, facilities, and programs shall be funded by available
City revenues other than Fire Assessment proceeds.
This Resolution constitutes the Final Assessment Rate Resolution for FY 2000-2001 as
defined in Ordinance No. 1 1584, adopted January 13, 1998, which initiated the process
for updating the Assessment Roll and directed the reimposition of Fire Rescue Assessments
on an annual basis, pursuant to Section 197.3632 Fla. Stat.
CAG4B/�MLK/TF/mgr
FM.141.doc 0 0
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J-9'7-922/2
12/30/97
ORDINANCE NO.
11584
AN ORDINANCE CREATING NEW CHAPTER 19.5 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDRn, ENTITLED "FIRi; RBSCUF ASSESSMENT",
RELATING TO THE PROVISION OF FIRE RESCUE
.pSERVICES, FACILITIES, ANDS PROGRAMS IN THE
C1:7Y OF MIAMI, FLORIDA;j AUTHORIZING THE
IMPOSITION AND COLLECTION OF FIRE RESCUE
ASSESSMENTS AGF?NvT PROPERTY THROUGHOUT THE
CITY OF MIAMI; PROVIDING CERTAIN DEFINITIONS
AND DEFINING THE TERM "FIRS RESCUE
ASSESSMENT-"; ESTABLISHING THE PRCXCSDURBS FOR
IMPOSING FIRE RESCUE ASSESSMENTS; PROVIDING
THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A
LIEN ON ASSESSED PROPERTY UPON ADOPTION OF
ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR
A FIRE RESCUE ASSESSMENT CCJ).)-..(:-i'ED PURSUANT
TO SECTIONS 197.3632 AND 19'1.3635, FLORIDA
6$TATUTBS , UPON PERI TS`_ ION SHAT L . ATTRCH TO THE
PROPERTY ON THE PK1.=- JANWaYY 1, THE LIEN
DATE FOR AD VALORIU! TAX28,- Z9Vfj'KDING TWAT A
PERFECTED LIEN SHALL BE EQUAL IN RANK AND
DIGNITY WITH THE LIENS OF ALL .STATE, COMITY,
DISTRICT, OR ML*ICIPAL TAXES AND ASSESSMENTS
AND SUPERIOR IN DIGNITY TO ALL O'THBR PRIOR
LIEN1 ; NORTr-p GpU , TITLES, AND CLAIMS;
AUT -770r'.!' %lid*&' INYOSITION 00 INTERIM
ASSN`'= il&TS,: P..::1VIDINC• PROCEDURES FOR
COLLECTION OV PIKE RESC L Ak SSSSMENT'F;
PROVIDING A MECHANISM FOR THE IMPOSITION OF
ASSESSMENTS ON GOVERNMENT PROPERTY; MORE
PARTICULARLY BY ADDING NEW SECTIONS 19.5-1
THROUGH 19.5-23 TO SAID CODE; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING
FOR INCLUSION IN THE CITY CODE.
BB IT ORDAINED BY THE COMMISSIONi OF THE CITY OF MIAMI,
FLORIDA:
100
Section 1. New Chapter 19.5 entitled "Fire. Rescue
Assessment", is hereby added to the Code of the City of Miami,
Florida, as.amended, as follows:
"CHAPTER 19..5
t Fire Rescue Assessment
ARTICLE 1. IN GENERAL
Sec. 19*5-1.,. Definitions..
As used in -this Chapter, the following words and
terms &hall have the :following meanings, unless the
context clearly otherwise requires:
"Annual Rate Resolution" means the resolution
.described in section 19.5-14 hereof, esta;,lishing the
rate At which a Fire Rescue Assessment for a specific
FiscAt Year will- be- computed.' The Final Assessment
Resolution shall constitute the Annual.Rate Resolution
for the initial Fiscal Year in'which a. Fire Rescue
Assessment is imposed or reimposed.
"Assessed ,Property" means all parcels of land
included on the Assessment Roll that receive a special
benefit from -the delivery of,the fire rescue services,
program or facilities identified in the Initial
Assessment Resolution or.. the Preliminary Rate
Resolution.
^Assessment Roll" means the special assessment
roll relating.to.a-Fire Rescue Assessment approved by a
Final Assessment.Resolution pursuant to section 19.5-12
hereof or an 'Annual Rate Resolution pursuant to section
19.5-14 hereof.
"Building" means any structure, whether temporary
or permanent, built for support, shelter or enclosure
of persons, chattel,- or property of any kind. This
-term shall include mobile homes or any vehicles serving
in any way the function of a building.
"Certificate of Occupancy" means 'the written..
certification issued by the City that a Building is
ready for occupancy for. its intended use. For the
purposes of this Ordinance,. a set up permit or its
equivalent issued -for a mobile home shall be considered
a Certificate of Occupancy.
City" means the City of Miami, Florida.
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"City Commission" means the governing body of the
City of Miami, Florida.
"City Manager" means the head of the
administrative branch of the City as defined in the
City Charter, or his designee.
"Final Assessment Resolution" means the resolution
desc'*ribed in section 19.5-12 hereof which shall
confirm, modify, or repeal the Initial Assessment
Resolution and which shall be the final.proceeding for
the initial imposition of Fire Rescue Assessments.
"Fire Rescue Assessment" means a special
assessment lawfully imposed by the City against
Assessdd Property to fund the Fire Rescue Assessed Cost
imposed to fund all or any portion of the cost of the
provision of fire rescue services, facilities, or
programs providing a special benefit to .property zz a
consequence of possessing a logical relationship to the
value, use, or characteristics of property identified
in OW Initial Assessment Resolution or the Preliminary
Rate Resolution.
"Fire rescue Assessed Cost" means the amount
determined by the.Ciry Commission to be assessed in any
Fiscal Year to fund all or any portion of the cost of
the provision of fire rescue services, facilities, or
programs which provide a special benefit to Assessed
Property, and shall include, but not be limited to, the
following components: (A) the cost of physical
construction, reconstruction or completion of any
required facility or improvement; (B) the costs
incurred in any required acquisition or purchase; (C)
the cost of all labor, materials, machinery, and
equipment; (D) the cost of fuel, parts, supplies,
maintenance, repairs, and utilities; (B) the cost of
computer services, data processing, and communications;
(F) the cost of all lands and interest therein, leases,
property rights, easements, and franchises of any
nature whatsoever; (G) the cost of any indemnity or
surety bonds and premiums for insurance; (H) the cost
of salaries, workers' compensation insurance, or other
employment benefits; (I) the cost of uniforms,
training, travel, and per diem; (J) the cost of
construction plans and specifications, surveys and
estimates of costs; (K) the cost of engineering,
financial, legal, and other professional services; iL)
the costs of compliance with any contracts or
agreements entered into by the City to provide fire
rescue services; (M) all costs associated with the
structure, implementation, collection, and enforcement
of the Fire Rescue Assessments, including any service
charges of the Tax Collector, or Property Appraiser and
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amounts necessary to off -set discounts received for
early payment 'of Fire Rescue Assessments pursuant to.
the Uniform Assessment Collection Act or for early...
payment of Fire Rescue Assessments collected pursuant
to .section .19.5-21 herein; (N) allother costs and
expenses necessary or, incidental. ,to the acquisition,
provision', or construction of fire rescue services,
facilities, or programs, and such other expenses as may
be n cessary or incidental to any related financing
'auth6rized by ' the City ' Commission by subsequent
resolution; (0) a reasonable amount for contingency and
anticipated delinquencies and uncollectible Fire Rescue
Assessmenta;'and (P) reithursement. to the City or any
other Person for any moneys advanced forany costs
incurred by the City or such,Person,in connection with
any of the -foregoing components of Fire Rescue Assessed
Cast.
"Fiscal Year" means that period commencing October
ist of each year and continuing through_ the next
succeeding September 30th, or:such other period as may
be pi&escribed by law as the fiscal year for the City.
"Government Property" means property owned by the
United States of 'America or any agency thereof, a
sovereign state` or'nation, the State of Florida or any
agency thereof, -a county, a special district or a
municipal corporation.
"initial Assessment. Resolution" means. the
.resolution described in. section 19.5-5, hereof which
shall be the initial proceeding for the identification
of the Fire Rescue Assessed 'Cost for which an
assessment is to be made 'and for the. imposition ' of a
Fire Rescue, Assessment.
"Ordinance" means this Fire Rescue Assessment
Ordinance.
"owner" shall mean the Person reflected as the.
owner of Assessed Property on the Tax Roll.
"P.erson" means any individual, partnership, firm,
organization, corporation,, association, or any other
legal entity, whether, singular or plural, masculine or
feminine, as the context may require.
"Prel'iminary Rate. Resolution" means the resolution
described in section 19.5 -14 -hereof initiating the
annual process for. updating the Assessment Roll and
directing the reimposition of Fire Rescue. Assessments
pursuant to an Annual Rate Resolution.
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"Property Appraiser" means the Property Appraiser
of the County.
"Tax Collector" means the Department of Finance
and Administrative Services as described in Article IV
of the Dade County Charter.
"Tax Roll" means the real property ad valorem tax
assessment roll maintained by the Property Appraiser
for 'the purpose of the levy and collection of ad
valorem taxes.
"Unifox7n Assessment Collection Act" means sections
197.3632 and 197.3635, Florida Statutes, or any
successor statutes authorizing the collection of non -ad
valorem assessments on the same bill as ad valorem
taxes, * and any applicable regulations promulgated
thereunder.
Sec. 19.5-2. Interpretation.
finless the context indicates' otherwise, words
importing the singular number include the plural
number, and vice versa; the terms "hereof," "hereby,"
"herein," "hereto," "hereunder" and similar terms refer
to this Ordinance; land the term "hereafter" means
after, and the term "heretofore" means before, the
effective date of this Ordinance. words of any gender
include the correlative words of the other genders,
unless the sense indicates otherwise.
Sec. 19.5-3. General Findings.
It is hereby ascertained, determined, and declared
that:
(A) Pursuant to Article VIII, section 2(b),
Florida Constitution, and sections 166.021 and 166.041,
Florida Statutes, the City Commission has all powers of
local self-government to perform municipal functions,
render municipal services except when prohibited by
law, and such power may be exercised by the enactment
of legislation in the form of City ordinances.
(B) The City Commission may exercise any
governmental, corporate, or proprietary power for: a
municipal purpose except when expressly prohibited by
law, and the City Commission may legislate on any
subject matter on which the Florida Legislature may
act, except those subjects described in (a), (b), (c),
and (d) of section 166.021(3), Florida Statutes. The
subject matter of paragraphs (a) , (b) , (c) , and (d) of
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section 166.021(3), Florida Statutes, are not relevant
to the imposition of assessments related to'fire rescue
services,. facilities or' programs of the City.
(C) The purpose of this Ordinance is to (1)
provide proceduresand-standards for the imposition of
city-wide Fire, Rescue Assessments under the general
home rule' powers of 'a.municipality to impose special
asseiB4ments; ' (2I) authorize a procedure for the funding
of fire rescue services, facilities, or programs
providing special benefits to property within the City;
and (3) legislatively determine the special benefit
provided to Assessed Property from the provision of
combined fire control and emergency medical.sezvices by
the City under.its consolidated fire rescue program.
(D) The annual Fire Rescue Assessments to be
imposed pursuant to this Ordinance shall constitute
non -ad valorem assessments within the meaning and
intent of the Uniform Assessment Collection Act.
*.1B) The Fire Rescue Assessment imposed pursuant
to this Ordinance is imposed by the City Commission,
not the Dade County Board - of County Commissioners,
Property Appraiser or Tax Collector. Any activity of
the Property Appraiser or. Tax Collector under the
provisions of this Ordinance shall be construed as
ministerial.
Sec. 19.S-4. Legislative determinations of special
benefit.
It is hereby ascertained and declared that the
fire rescue services, facilities, and programs of the
City provide a special benefit to property within the
City that is improved by the existence or construction
of a dwelling unit or Building based upon the following
.legislative determinations:
(A) Fire rescue services, which include the
combined fire control and emergency medical services of
the City under its existing. consolidated fire rescue
program, possess a logical relationship to the use and
enjoyment of improved property by: (1) protecting the
value of .-the improvements and structures through the
provision of available fire rescue services; 12)
protecting the life.and safety of intended occupants -in
the use and enjoyment of improvements and structures
within improved parcels;. (3) lowering the cost of fire
or other insurance by the presence of a professional
and comprehensive fire rescue program within the City;
and (4) containing the spread of fire incidents
occurring on vacant property with the potential to
803
C7
spread and endanger
improved property.
LJ
the structures and occupants of
(B) The combined fire control and emergency
medical services of the City under its existing
consolidated fire rescue program enhance and
strengthens the relationship of such services to the
use and enjoyment of Buildings within improved parcels
of p,Foperty within the City.
(C) The combined fire control and emergency
medical services of the City under its existing
consolidated fire rescue program enhance the value of
business and commercial property that is improved by
the existence or construction of a Building which
enhanced value can be anticipated to be reflected in
the rAntal charge or value of such business or
commercial property.
Sec. 19.5-5. Applicability.
&This Ordinance and the - City's authority to impose
assessments pursuant hereto shall be applicable
throughout the City.
Sec. 19.5-6. Alternative method.
(A) This Ordinance shall be deemed to provide an
additional and alternative method for the doing of the
things authorized hereby and shall be regarded as
supplemental and additional to powers conferred by
other laws, and shall not be regarded as in derogation
of any powers now existing or which may hereafter come
into existence. This Ordinance, being necessary for
the welfare of the inhabitants of the City, shall be
liberally construed to effect the purposes hereof.
(B) Nothing herein shall preclude the City
Commission from directing and authorizing, by
resolution, the combination with each other of (1) any
supplemental or additional notice deemed proper,
necessary, or convenient by the City, (2) any notice
required by this Ordinance, or (3) any notice required
by law, including the Uniform Assessment Collection
Act.".
7 --'
ARTICLE II.
ANNUAL FIRE RESCUE ASSESSMENTS
Sec. 19.5-7: General authority.
(A) The City Commission is hereby authorized to
impose an annual Fire Rescue Assessment to fund all or�
any portion of the Fire rescue Assessed Cost upon
benefited property at a rate of assessment based on the
special.., benefit' accruing to such property from the
City 's:provision of fire rescueservices,'.facilities, .
or programs. All Fire Rescue Assessments shall be
imposed in conformity with the procedures set forth in
this Article II.
.(R) The amount of the Fire Rescue Assessment
imposed in a Fiscal Year against a parcel of Assessed
Property shall be determined pursuant to an
apportionment methodology based upon a classification
of peoperty designed to provide a fair and reasonable
apportionment of the Fire rescue Assessed Cost among
properties on a basis reasonably related to the special
benefit provided by fire rescue services, facilities,
or programs funded with assessment proceeds. Nothing
contained in this Ordinance shall be construed to
require the imposition of Fire Rescue Assessments
against Government• Property.
Sec..19.s-s. Initial proceedings.
The initial proceeding., for the imposition' of. a
Fire Rescue Assessment shall be the adoption of an
Initial Assessment Resolution by the City Commission
(A) containing a brief and general description.of the
fire rescue services, facilities, or programs to be
.provided; (B) -estimating the Fire rescue Assessed Cost
to be assessed; (C) describing the method of
apportioning the Fire rescue Assessed Cost and the
computation of the Fire Rescue Assessment for specific
properties; (D) providing a summary description of the
parcels of property (conforming to the description
contained on the Tax Roll) located within the City that
receive a special benefit from the provision of fire
rescue services, facilities, or programs or describing
a specif is geographic area in which such service,
facility, or program will be provided; (S) establishing
an assessment rate for the upcoming Fiscal Year; 'and
(F), directing the City Manager to (1) prepare, the
initial Assessment Roll, as required by section 19.5-9,
hereof, (2) publish the notice required by section -
19.5 -10 hereof, and (3) mail the notice required by
4!
section 19.5-11 hereof using information then available
from the Tax Roll.
Sec. 19.5-9. Initial assessment roll.
(A) The City Manager shall prepare, or direct the
preparation of, the initial Assessment Roll, which
sha4l contain the following:
(1) A summary description of all Assessed
Property conforming to the description contained
on the Tax Roll.
(2) The name of the Owner of the Assessed
Property.
(3) The amount of the Fire Rescue Assessment
to be imposed against each such parcel of Assessed
Property.
(B) The initial Assessment Roll shall be retained
by the City Manager and shall be open to public
inspection. The .foregoing shall not be construed to
require that the Assessment Roll be in printed form if
the amount of the Fire Rescue Assessment for each
parcel of property 'can be determined by use of a
computer terminal available to the public.
Sec. 19.5-10. Notice by publication.
Upon completion of the initial Assessment Roll,
the City Manager shall publish, or direct the
publication of, once in a newspaper of general
circulation within the City a notice stating that at a
meeting of the City Commission on a certain day and
hour, not earlier than 20 calendar days from such
publication, .which meeting shall be a regular,
adjourned, or special meeting, the City Commission will
hear objections of all interested persons to the Final.
Assessment Resolution which shall establish the rate of
assessment and approve the aforementioned initial
Assessment Roll. The published notice shall conform to
the requirements set forth in the Uniform Assessment
Collection Act. Such notice shall include (A) a
geographic depiction of the property subject to the
Fire Rescue Assessment; (B) a brief and general
description of the fire rescue services, facilities, or
programs to be provided; (C) the rate of assessment;
(D) the procedure for objecting provided in section
19.5-12 hereof; (8) the method by which the Fire Rescue
Assessment will be collected; and (F) a statement that
the initial Assessment Roll is available for inspection
- 9 -- 803
C7
at the office of .the City Manager and all interested
persons may ascertain the amount to be assessed against
a parcel of Assessed Property at the office of the City
Manager,.
Sec. 19.5-11. Notice.by mail.
t(A) If the City decides to collect. the Fire
Rescue Assessments on the same bill as ad valorem taxes
in the manner provided in the Uniform Assessment
Collection Act, the City Manager shall additionally
provide: notice, or direct the. provision of notice, of
the proposed Fire Rescue Assessment by first class mail
to the Owner of each parcel of property (except
Government Property) subject to the Fire Rescue
Assessment. Such notice shall include (A) the purpose
of the Fire Rescue Assessment (B) the rate of
assessment to be levied against each .parcel .of
property; (C) the unit of measurement applied to
determine the Fire Rescue Assessment; (D) the number of
such0punits contained- in each parcel of property; (EY
the total revenue to be collected by the -City from the
Fire Rescue Assessment; (F) a statement that failure to
pay the Fire Rescue Assessment will cause a tax
certificate to .be issued- against the property or
foreclosure proceedings to be instituted, either of
which may result in a loss of title to the property;
(G) a statement that all affected Owners have a right
,to appear atthe hearing and to file written objections
with the City Commission within 20 days of the notice;
and (H) the date, time, and place of the hearing. Such
mailed notice shall conform to the requirements set
forth in the Uniform. Assessment Collection Act. Notice
shall be mailed at least 2.0 calendar days prior to the
hearing to each Owner at such address as is shown on
the. Tax Roll. Notice shall be deemed mailed upon
delivery thereof to the possession of the United States
Postal Service% The City Manager may provide proof of
such notice by - affidavit. I Failure of the Owner to
receive such notice due to mistake or inadvertence,
shall not affect the validity of the Assessment Roll
nor release or discharge any obligation for payment of
a Fire Rescue Assessment. imposed by the City Commission
pursuant to this Ordinance.
(B) No individually -mailed notice to affected
owners, in addition to the published notice in section
19.5-10 hereof, shall be required in the event the City
employs an alternative method of collection and chooses
not to collect the Fire Rescue Assessments on the same
bill as ad valorem taxes.
10 -1 -"
Sec. 19.5-12. Adoption of Final Assessment Resolution.
At the time named in such notice, or to which an
adjournment or continuance may be taken by the City
Commission,. the City Commission shall receive any
written objections of interested persons and may then,
or at any subsequent meeting of the City Commission
adopt the Final Assessment Resolution which shall (A)
confirm, modify, or repeal the Initial Assessment
Resolution with such amendments, if any, as may be
deemed appropriate by the City Commission; (B)
establish the rate of assessment to be imposed in the
upcoming Fiscal Year; (C) approve the initial
Assessment Roll, with such amendments as.it deems just
and right; and (D) determine the method of collection.
The Final Assessment Resolution, or any subsequent
Annual `Rate Resolution, may modify, ratify or confirm
the Initial Assessment Resolution, or any subsequent
Preliminary Rate Resolution. The adoption of the Final
Assessment Resolution by the City Commission shall
constitute a legislative.determination that all parcels
assegoed derive a special benefit from the fire rescue
sere ®s, facilities, or programs to be provided or
constructed and a legislative determination that the
Fire Rescue. Assessments are fairly and reasonably
apportioned among the properties that receive the
special benefit. All objections to the Final
Assessment Resolution shall be made in writing, and
f iled with the City Manager at or before the time or
adjourned time of such hearing. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for the initial Fiscal Year in which Fire Rescue
Assessments are imposed or reimposed hereunder.
Sec. 19.5-13. Effect of Final Assessment Resolution.
The Fire Rescue Assessments for the initial Fiscal
Year shall be.established upon adoption of the Final
Assessment Resolution. The adoption of the Final
Assessment Resolution shall be the final adjudication
of the issues presented (including, but not limited to,
the determination of special benefit and fair
apportionment to the Assessed Property, the method of
apportionment and assessment, the initial rate of
assessment, the initial Assessment Roll, and. the levy
and lien of the Fire Rescue Assessments), unless proper
steps shall be initiated in a court of competent
jurisdiction to secure relief within 20 days from the
date of the City Commission action on the Final
Assessment Resolution. The initial Assessment Roll, as
approved by the Final Assessment Resolution, shall be
delivered to the Tax Collector, as required by the
Uniform Assessment Collection Act, or if the
•
alternative method described
is used .to collect the Fire
other official as the City
shall designate.
ire ' section 19.5-21 hereof
Rescue Assessments, such
Commission by resolution
Sec. 19.5.14. Adoption of Annual.Rate Resolution.
.(A) The City, Commission shall adopt 'an Annual
Rate Resolution during its budget adoption process for
each Fiscal Year following the initial Fiscal Year for
which a Fire Rescue Assessment is imposed hereunder.
(B) The initial proceedings for the adoption. of
an Annual Rate Resolution shall be the adoption, of a
Preliminary Rate.; Resolution by the City Commission (1)
contaiding a brief and.general description of the fire
rescue services, facilities, or programs to .be
provided; (Z) estimating the Fire., rescue Assessed Cost
to be assessed for the upcoming Fiscal Year; (3)
establishing the asseesuoat rate for the upcoming
Fiscal. Year; (4) authorizing the date, time, and place
of a► public hearing',to receive and consider comments �
fr= the public and consider the adoption of the -Annual .
Rate Resolution for the upcoming Fiscal Year; and (5)
directing the City Manager to (a) update the Assessment
Roll, (b) provide notice by publication and first class
mail to affected Owners in the event circumstances
,described in subsection (F) of this section so require,
and (c), directing and authorising any supplemental or
additional notice deemed proper, necessary or
convenient by the City.
(C) The Annual Rata Resolution shall (1)
establish the rate of assessment to be imposed in the
upcoming Fiscal Year and (2) approve the AssessaWnt
Roll for the upcoming Fiscal Year with such adjustments
as the City Commission deems just and right. The
Assessment Roll shall be prepared in accordance with
the method 'of apportionment set forth in the Initial
Assessment Resolution together, with modifications, if
any, and as . confirmed , in the Final Assessment
Resolution or 'as provided in the Preliminary Rate
Resolution.
(D) Nothing herein. shall preclude the`` City
Commission frau providing annual notification to all
Owners of Assessed. Property in the manner provideclin
either or both sections 19.5-10 or 19.5-11 hereof.
(B) Nothing herein shall preclude the City
Commission from establishing by resolution a maximum
rate of assessment,provided that notice of such maximum
is
803
assessment rate is provided pursuant to sections
19.5-10 and 19.5-11 hereof.
(F) In the event (1) the proposed Fire Rescue
Assessment for any Fiscal Year exceeds the maximum rate
of assessment adopted by the City Commission and
included in notice previously provided to the Owners of
Assessed Property pursuant to sections 19.5-10 and
19.5 li hereof, (2) the method of apportionment is
changed or the purpose for which the Fire Rescue
Assessment is imposed is substantially changed from
that represented by notice previously provided to the
Owners of Assessed Property pursuant to sections 19.5-
10 and 19.5-11 hereof, (3) Assessed Property is
reclassified in a manner which results in an increased
Fire R9scue Assessment from that represented by notice
previously provided to the Owners of Assessed Property
pursuant to sections 19.5-10 and 19.5-11 hereof, or (4)
an Assessment Roll contains Assessed Property that was
not included on the Assessment Roll approved for the
prior Fiscal Year, notice shall be provided to affected
Owne4a in substantial conformance with the notice
requirements set forth in sections 19.5-10 and 19.5-11
hereof and inform the Owner of the date, time, and
place for the adoption of the Annual Rate Resolution.
The failure of the Owner to receive such notice due to
mistake or inadvertence, shall not affect the validity
of the Assessment Roll nor release or discharge any
obligation for payment of a Fire Rescue Assessment
imposed by the City Commission pursuant to this
Ordinance.
(G) As to any Assessed Property not included on
an Assessment Roll approved by the adoption of the
Final Assessment Resolution or a prior years Annual
Rate Resolution, the adoption of the succeeding Annual
Rate Resolution shall be the final adjudication of the
issues presented as to such Assessed Property
(including, but not limited to, the determination of
special benefit and fair apportionment to the Assessed
Property, the method of apportionment and assessment,
the rate of assessment, the Assessment Roll, and the
levy and lien of the Fire Rescue Assessments), unless
proper steps shall be initiated in a court of competent
jurisdiction to secure relief within 20 days from the
date of the City Commission action on the Annual Rate
Resolution. Nothing contained herein shall be
construed or interpreted to affect the finality of .any
Fire Rescue Assessment not challenged within the
required 20 day period for those Fire Rescue
Assessments imposed against Assessed Property by the
inclusion of the Assessed Property on an Assessment
Roll approved in the Final Assessment Resolution or any
subsequent Annual Rate Resolution.
- 13 -
(H) The Assessment Roll, .as approved by the
AnnualRate Resolutiom, shall be delivered to the Tax
Collector as required by the Uniform Assessment
Collection. Act, or if the alternative method described
in section 19.5-21 hereof is used to collect the Fire
Rescue Assessments, such other official as the City:
Commission by resolution shall designate.. If the Fire
Res&e Assessment against any property shall be.
sustained, reduced, or . abated by the court, an
adjustment shall be made on the Assessment -Roil.
Seca 19.5-15. Lien of Fire Rescue Assessmcnts.
LVon the adoption of the Assessment Roll, all Fire
Rescue Assessments shall constitute a lien against
Assessed Property equal in rank and dignity with the
liens of all state, county, district, oi, municipal
taxes and special assessments. Except as otherwise
provided by law, such lien shall be superior in dignity
to *11 other prior liens, mortgages, titles, and
claims, until paid. The lien for a' Fire Rescue.
Assessment shall be deemed perfected upon adoption by
the City -Commission of the Final Assessment Resolution
or the Annual Rate Resolution, 'whichever is applicable.
The lien for a Fire Rescue Assessment collected under
the Uniform Assessment Collection Act shall attach to
the property included on the Assessment Roll as of the
prior January 1, the lien date for ad valorem taxes
imposed under the Tax Roll. The lien for a Fire Rescue
Assessment collected under the alternative method of
collection provided in section 19..5-21 shall be deemed
.perfected upon adoption by the City. Commission of the.
Final 'Assessment Resolution or the Annual Rate
Resolution, whichever is applicable, and shall attach
to theproperty on such date of adoption.
Sec. 19.5-16. Revisions to, Fire Rescue Assessments.
'If any 'Fire Rescue Assessment made under the
provisions of this Ordinance is either 'in whole or in
part annulled, vacated, or set aside by the judgment of
any court, or' if the City Commission is satisfied that,
any such Fire Rescue Assessment is, so irregular or
defective that the same ' cannot be enforced : or
. collected, or if the City.Com fission has omitted any
property on the Assessment Roll. which property should
have been so included, .the City Commission,may take all
necessary steps -to impose a new Fire Rescue Assessment
against any property benefited by 'the Fire `rescue
Assessed Costs, following as . nearly as may be
practicable, the 'provisions of this Ordinance and in
- 14 - .`
U
case such second Fire Rescue Assessment is annulled,
vacated, or set aside, the City Commission may obtain
and impose other Fire Rescue Assessments until a valid
Fire Rescue Assessment is imposed.
Sec. 19.5-17. Procedural irregularities.
t Any informality or irregularity in the proceedings
in connection with the levy of any Fire Rescue
Assessment under the provisions of this Ordinance shall
not affect the validity of the same after the approval
thereof°, and any Fire Rescue Assessment as finally
approved shall be competent and sufficient evidence
that such Fire Rescue Assessment was duly levied, that
the Fire Rescue Assessment was duly made and adopted,
and that all other proceedings adequate to such Fire
Rescue Assessment were duly had, taken, and performed
as required by this Ordinance; and no variance from the
directions hereunder shall be held material unless it
be clearly shown that the party objecting was
matmi.ally injured - thereby. Notwithstanding the
provisions of this section, any party objecting to a
Fire Rescue Assessment imposed pursuant to this
Ordinance must file an objection with a court of
competent jurisdiction within the time periods
prescribed herein.
Sec. 19.5-18. Correction of errors and omissions.
(A) No act of error or omission on the part of
the Property Appraiser, Tax Collector, City Manager,
City Commission, or their deputies, employees, agents
or designees shall operate to release or discharge any
obligation for payment of a Fire Rescue Assessment
imposed by the City Commission under the provision of
this Ordinance.
(H) When it shall appear that any Fire Rescue
Assessment should have been imposed under this
Ordinance against a parcel of property specially
benefited by the provision of fire rescue services,
facilities, or programs, but that such .property was
omitted from the Assessment Roll or was not listed on
the Tax Roll as an individual parcel of property as of
the effective date of the Assessment Roll approved, by
the Annual Rate Resolution for any upcoming Fiscal
Year, the City Commission may, upon provision of a
notice by mail provided to the Owner of the omitted
parcel in substantially the manner and form provided in
section 19.5-11, impose the applicable Fire Rescue
Assessment for the Fiscal Year in which such error is
discovered, in addition to the applicable Fire Rescue
- 15 -
00-- 803
Assessment due for the prior two Fiscal Years. Such
Fire Rescue Assessment shall constitute ''a Tien against
Assessed Property equal in rank and dignity: with the
liens. of all state, county, district, or municipal
taxes and special assessments, and'superior in rank and
dignity to, a.1. other. prior liens, mortgages, titles,
and claims in and to or against -the real property
involved, shall be collected'as provided in Article III.
herebf, and shall be deemed perfected on the date of
adoption of the resolution imposing the omitted, or
delinquent assessments
(C) Prior to the delivery of the Assessment Roll,
to the Tax Collector in accordance with the Uniform
Assessment Collection Act, the City Manager shall have
the authority at any time, upon his 'or her own
initiative or in response to a timely filed petition
from the Owner of.any property subject to a Fire Rescue
Assessment, to reclassify , property based upon
presentation of competent.and substantial evidence, and
correct any error in applying' the Fire Rescue
Assefsment. apportionment method to any particular
parcel of property not otherwise requiring the
provision of notice pursuant to`the Uniform Assessment
Collection 'Act. Any such correction- shall be
considered valid ab initio and shall in no way affect
the enforcement of -the Fire Rescue Assessment imposed
under the provisions of this Ordinance. All requests
'from affected property owners for any such changes,
modifications or corrections shall be referred to, and
processed by,. the City Manager and not the Property
.Appraiser or Tax Collector. Any property owner
.unsatisfied with the decision of the City Manager may
seek review by a hearing, officer in the manner provided
in Section 19.5-23 hereof.
(D) After the Assessment. Roll has been delivered
to the Tax Collector in accordance 'with the Uniform
Assessment Collection Act, any changes, modifications,
or corrections thereto shall be -made in accordance with
the procedures applicable to correcting errors and
insolvencies on the Tax, Roll upon timely written
request and direction of the'City Manager.,
Sec. 19.5-19. Interim assessments
(A) An interim Fire Rescue Assessment l shalbe
imposed against all property for which a Certificate of
Occupancy is issued after adoption of the Annual.. Rate.
Resolution. The amount of the interim Fire Rescue
Assessment shall be calculated upon a, monthly rate,
which shall be one=twelfth of.the annual rate for such
property computed in accordance'. with the Annual, Rate
0
- 16 -
® 804
Resolution for the Fiscal Year in which the Certificate
of Occupancy is issued. Such monthly rate shall be
imposed for each full calendar month remaining in the
Fiscal Year. In addition to the monthly rate, the
interim Fire Rescue Assessment shall also include an
estimate of the subsequent Fiscal Years Fire Rescue
Assessment. No Certificate of Occupancy shall be
issued until full payment of the interim Fire Rescue
Assessment is received by the City. Issuance of the
Certificate of Occupancy by mistake or inadvertence,
and without the payment in full of the interim Fire
Rescue Assessment, shall not relieve the Owner of such
property of the obligation of full payment. For the
purpose of this provision, such interim Fire Rescue
Assessment shall be deemed due and payable on the date
the Certificate of Occupancy was issued and shall
constitute a lien against such property as of that
date. Said lien shall be equal in rank and dignity
with the liens of all state, county, district or
municipal taxes and special assessments, and superior
in rank and dignity to all other liens,. encumbrances,
titl&9_ and claims in and to or -against the real
property involved and shall be deemed perfected upon
the issuance of the Certificate of Occupancy.
(B) Any property owner unsatisfied with the
imposition of an interim Fire Rescue Assessment may
seek review by a hearing officer in the manner provided
in Section 19.5-23 hereof.
ARTICLE III.
COLLECTION AND USE OF FIRE RESCUE ASSESSMENTS
Sec. 19.5-20. Method of collection.
(A) Unless otherwise directed by the City
Commission, the Fire Rescue Assessments shall be
collected pursuant to the uniform method provided in
the Uniform Assessment Collection Act, and the City
shall comply with all applicable provisions of the
Uniform Assessment Collection Act. Any hearing or
notice required by this Ordinance may be combined with
any other hearing or notice required by the Uniform
Assessment Collection Act.
(B) The amount of a Fire Rescue Assessment to be
collected using the uniform method pursuant to the
Uniform Assessment Collection Act for any specific
parcel of benefited property may include an amount
equivalent to the payment delinquency, delinquency fees
and recording costs for a prior year's assessment for a
17 - 0 Sup
comparable service`, facility, or program provided, (1)
the collection method used in connection with the pri-or'
year s assessment did,not employ the use of the uniform
method of collectin authorized by the Uniform
Assessment Collection, Act', . (2) notice is provided to
the Owner- as required under- the Uniform Assessment
Collection Act, and. (1) any lien on the affected parcel
for, the prior year's assessment is supplanted and
.transferred to such Fire Rescue Assessment upon
certification of . a non -ad valorem roll to the Tax
Collector by the City:
Sec. 19.5-21. Alternative method.of collection.
In lieu of utilizing the Uniform Assessment
Collection Act, .the, City may, elect to collect the Fire
Rescue Assessments 'by any, other method which is
authorized by law or under. the alternative collection
method provided by this section:
(A). The City shall provide Fire Rescue Assessment'
bilft- by first class mail to the Owner of each affected
parcel Of property, other than Government Property, at
any time prior to or during the Fiscal Year. for which
such Fire Rescue Assessments are imposed. The bill or
accompanying explanatory material shall include (1) a
.brief explanation of the Fire Rescue Assessment, (2) a
description of the unit of measurement used to
determine the amount of the Fire Rescue Assessment, (3)
the number of units contained within the parcel, (4)
the 'total' amount of -the Fire Rescue Assessment imposed
against the parcel 'for the appropriate period. (5) the
location at which payment will be accepted, (6) the
date, on which the Fire,. Rescue Assessment is due, and
(7) a statement that. the Fire Rescue Assessment
constitutes a lien against assessed property equal in
rank and dignity with the liens of all state, county,
district or municipal taxes and other non -ad valorem
assessments.
(B) A general. notice of the lien resulting from
imposition of the Fire Rescue Assessments shall be
recorded in the Official Records of the County.
Nothing herein shall be ,construed to require that
individual liens or releases.be filed in the Official
Records.
.(C) The City shall have the right to foreclose
and collect all delinquent Fire. Rescue Assessments in
the manner provided by law. for the foreclosure of
mortgages on real property or appoint or retain an
agent to, institute such foreclosure and collection
.proceedings. A. Fire Rescue Assessment shall become
0
delinquent if it is not paid within 30 days from the
date any installment is due. The City or its agent
shall notify any property owner who is delinquent in
payment of his or her Fire Rescue Assessment within 60
days from .the date such assessment was due. Such
notice shall state in effect that the City or its agent
will either (1) initiate a foreclosure action or suit
in equity and cause the foreclosure of such property
sub to a delinquent Fire Rescue Assessment in a
methle
od now or hereafter provided by law for foreclosure
of mortgages on real property, or (2) cause an amount
equivalent to the. delinquent Fire Rescue Assessment,
not previously subject to collection using the uniform
method under the Uniform Assessment Collection Act, to
be collected on the tax bill for a subsequent year.
(b) All costs, fees and expenses, including
reasonable attorney fees and title search expenses,
related to any foreclosure action as described herein
shall be included in any judgment or decree rendered
therein. At the sale pursuant to decree in any such
actJn, the City may be the purchaser to the same
extent as any Person. The-City or its agent may join
in one foreclosure action the collection of Fire Rescue
Assessments against any or all property assessed in
accordance with the provisions hereof. All delinquent
Owners whose property is foreclosed shall be liable for
an apportioned amount of reasonable costs and expenses
incurred by the City and its agents, including
reasonable attorney fees, in collection of such
delinquent Fire Rescue Assessments and any other costs
incurred by the City as a result of such delinquent
Fire Rescue Assessments and the same shall be
collectible as a part of or in addition to, the costs
of the action.
(B) In lieu of foreclosure, any delinquent Fire
Rescue Assessment and the costs, fees and expenses
attributable thereto, may be collected pursuant to the
Uniform Assessment Collection Act; provided however,
that (2) notice is provided to the Owner in the manner.
required by the Uniform Assessment Collection Act and
this Ordinance, and (2) any existing lien of record on
the affected parcel for the delinquent Fire Rescue
Assessment is supplanted by the lien resulting from
certification of the Assessment Roll, as applicable, to
the Tax Collector.
(F) Notwithstanding the City's use of an
alternative method of collection, the City Manager
shall have the same power and authority to correct
errors and omissions as provided to him or county
officials in section 19.5-18 hereof.
- 19 -� 803
(G) Any City Commission action required in 'the
collection of Fire Rescue Assessments may be by
resolution.
Sec. 19.5-22. Government Property.
(A) If. Fire Rescue Assessments are imposed
agaAst Government Property, the City shall provide
.Fire Rescue.Assessment bills by first class mail to the
owner of each affected parcel of Government Property.
The bill or accompanying explanatory material shall
include- (1) a. brief explanation of the Fire Rescue
Asseepmnt , (2) a description of the unit, of
measurement used to determine the amount of the Fire
Rescue "Assessment, (3) .the number of units contained
within the parcel, (4) the total amount of the parcelrs
Fire Rescue Assessment for 'the appropriate period, (5)
the location at which payment will be accepted, and (6)
the date on which the Fire Rescue Assessment is due.
"B). Fire Rescue Assessments' imposed against �.
Government Property shall be due on the same date as -
all other Fire Rescue Assessments and, if applicable, .
shall. be subject to the same discounts for early
payment.
(C) A Fire Rescue Assessment shall become
delinquent if it is not paid within '3 0 days from the
date any installment is due. The City shall notify the
Owner of any Government Property that is delinquent in
payment of its Fire Rescue Assessment within 60 days
from the date such assessment was due. Such notice
shall state that the City will initiate a mandamus or
other appropriate judicial.action to compel payment.
(D) All costs, fees and expenses, including
reasonable attorney fees and title search expenses,.
related .to any mandamus or other action as described
herein shall be included in any judgment or decree
rendered therein. All delinquent Owners of Government
Property against which a mandamus or other appropriate
action is filed shall be liable for an apportioned
amount of reasonable costs and expenses incurred by the
City, including reasonable attorney fees, in collection
of such delinquent Fire Rescue Assessments and any
other costs incurred by the City as a result of such
delinquent Fire Rescue Assessments and the same shall
be collectible as a..part of or in addition to, the
costs of the action.
(B) As an� alternative to the
Rescue Assessment imposed against
may be collected as a surcharge
- 20 -
foregoing, a Fire
Government Property
on a utility bill
provided to such Government Property in periodic
installments with a remedy of a mandamus action in the
event of non-payment. The City Commission may contract
for such billing services with any utility, whether or
not such utility is owned by the City.
Sec.,19.5-23. Appeals.
A
(A) A hearing officer shall be appointed by the
City Manager to hear appeals from affected property
owners concerning (1) the classification, size, or use
of the owner Is parcel or any other factual matter
related to the application of the method of
apportionment employed in imposing the Fire Rescue
Assessment; (2) the imposition of an interim
assessment; or (3) the correction of an error or
omission.
(B) The aggrieved property owner shall file a
written notice of appeal with the City Managers office
within- twenty (20) days following the effective date qf.
the assessment or action by the City Manager under
Sections 19.5-18 or 19.5-19 hereof. The filing of an
appeal at any point in time shall not stay the
collection of the Fine Rescue Assessment.
(C) An appeal to the hearing officer shall be
made within twenty (20) days after the effective date
of the Fire Rescue Assessment or action by the City
Manager under Sections 19.5-18 or 19.5-19 hereof by
filing a notice of appeal or letter of appeal with the
City Manager stating therein the basis for such appeal.
. (D) No hearing shall be heard by the hearing
officer unless the respective appeals have been filed
within the time and at the place provided in this
chapter.
(R) All decisions of the hearing officer made
under this section shall be deemed final.
(F) All such requests for review by the City
under this chapter shall be subject to the disclosure
requirements set forth in section 2-618, of the Code of
the City of Miami, Florida, as amended.
(G) The City Manager shall give the appealing
party at least ten (10) days notice of the time and
place of such hearing. The notice shall be in a form
acceptable to the city attorney. No public or
published notice is required.
21 - `' 8 0
_ AW
(H) The aggrieved property owner shall, at his
own cost, provide supplemental information in advance
to the City Manager including, but not limited to,
relevant data, consulting or expert reports or
opinions, or other information to be used or relied
upon at the hearing. Failure to timely provide such'
information shall preclude the use and consideration of
same at the hearing and may result in the denial of the
appeal..
(I) At the time and place set for -the hearing the
hearing officer shall give the appealing party a
.reasonable opportunity. to be heard. Parties may
present -evidence to support their poaition;*however, no
economic or technical reports, -studies, appraisals or
other information, expertise or opinions. shall be
considered by the hearing officer unless the same shall
have .been disclosed to the City and filed with the City
Manager . at least ten '(10) days prior to that hearing.
All exhibits presented to the hearing officer shall
become part of the record and shall remain so until the
determination of the 'hearing officer or the expiration
of ar.f administrative or judicial appeal period."
Section 2. All ordinances or parts'of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 3. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance,is,declared invalid, the
remaining provisions of this Ordinance shall not be affected.
' r
Section 4. It is the intention of the City Commission
that the provisions of this Ordinance shall become and be made a
part of the Code of the'City of Miami, Florida, as amended, which
provisions may be renumbered or, relettered and that the .word
"ordinance" may be changed to. "section",' "article", or other
appropriate word to accomplish such intention.
22
.0 "'S. 0.
0 0
Section S.. The provisions of this Ordinance shall become
effective immediately after final reading and adoption thereof.
PASSED ON FIRST READING BY TITLE ONLY this day of
Decer2hgr_, 1997.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this'13th day of January , 1998.
VIER L. Sm", MAYOR
A
• _ s
CITY CLERK
PREPARED AND APPROVED BY:
�v
G8 RGS . WYSONG II
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
. OtFINN/JONES, M
W412:GKW bss
`IV
- 23 -
00 803
j-0.,,-017
0/3/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RELATING TO THE PROVISION
OF FIRE SERVICES, FACILITIES AND PROGRAMS IN
THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE
ESTIMATED ASSESSMENT RATE FOR FIRE
ASSESSMENTS FOR THE FISCAL YEAR BEGINNING
OCTOBER 1, 2000, IN ACCORDANCE WITH THE CITY
OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW
DEFINITIONS; DIRECTING THE PREPARATION OF AN
ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING
FOR SEPTEMBER 14, 2000, AND DIRECTING THE
PROVISION OF NOTICE THEREOF; AND PROVIDING AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
SECTION 1. AUTHORITY. This Resolution is adopted
pursuant to the provisions of the Fire Rescue Assessment
Ordinance (Ordinance No. 11584), the Initial Assessment
Resolution (Resolution No. 98-325), the Final Assessment
Resolution (Resolution No. 98-419), Sections 166.021 and 166.041,
Florida Statutes, and in accordance with the City of Miami Five
Year Plan and other applicable provisions of law.
SECTION
2.
PURPOSE.
This Resolution
constitutes the
Preliminary
Rate
Resolution
as defined in the
Ordinance which
initiates
the
annual
process for
updating the
ISSION
G OF
c��
fu.+v.0 yrll is J.
.� 803
Assessment Roll. and directs the 'impos,ition of Fire As.sessmenzs
for the Fiscal Year beginning October 1, 2000
SECTION 3. DEFINITIONS..:
All capitalized words and terms not otherwise defined herein
shall have the meanings set forth in the Ordinance, the .Initial
Assessment Resolution and. the Final Assessment Resolution.
Unless the context indicates otherwise, words imparting the
singular number, include the plural number, and vice versa.
As used in this Resolution, -the following words and terms
shall be defined as follows:
Annual Rate Resolution means the resolution
establishing the rate'at which a Fire Assessment for a
specific year will be computed. The Final Assessment
Resolution shall constitute the Annual Rate Resolution
for this fiscal year.
Assessed Property means all parcels of land
included on th'e Assessment.- Roll that receive a special
benefit from the delivery of the fire services,
programs, or. facilities identified -in the Initial
Assessment Resolution. or the Preliminary Rate
Resolution.
Assessment Roll means a special assessment roll
relating .to a Fire Assessment approved. by a Final
Assessment'Resolution or an Annual Rate Resolution.
Final Assessment Resolution means the resolution
which shall confirm, modify, or repeal the Initial
Assessment Resolution and which shall be the final
proceeding for the imposition of the Fire Assessment..
Fire Assessed _Cos t means the amount determined by
the 'City Commission to be assessed in this fiscal year
to,:fund all er any port.ion'o'f the cost of the provision
of fire services, facilities., or programs which provide
a special benefit to Assessed Property.
Page 2 of , 1.1
00-
°'�'
Fire Assessment means a special assessmen::
lawfully imposed by the City against assessed property
to fund the Fire Assessed Cost imposed to fund all or
any portion of the cost of the provision of fire
services, facilities, or programs providing a special
benefit to property as a consequence of possessing a
logical relationship to the value, use, or
characteristics of property identified in this Initial
Assessment Resolution.
Initial Assessment Resolution means the resolution
which= shall be the initial proceeding for the
identification of the Fire Assessed Cost for which an
assessment is to be made and for the imposition of the
Fire Assessment.
Preliminary Rate Resolution means the resolution
initiating the annual process for updating the
Assessment Roll and directing the imposition of the
Fire Assessment pursuant the Annual Rate Resolution.
SECTION 4. PROVISION AND FUNDING OF FIRE SERVICES.
(A) Upon the imposition of Fire Assessments for fire
services, facilities, or programs against Assessed Property
located within the City, the City shall provide fire services to
such Assessed Property. A portion of the cost to provide such
fire services, facilities, or programs shall be funded from
proceeds of the Fire Assessments. The remaining required costs
to provide fire services, facilities, and programs shall be
funded by available City revenues other than Fire Assessment
proceeds.
(B) It is hereby ascertained, determined, and declared that
each parcel of Assessed Property located within the City will be
benefited by the City's provision of fire services, facilities,
and programs in an amount not less than the Fire Assessment
Page 3 of 11
imposed against. such parcel`, computed in the manner set forth in
this Preliminary Rate Resolution.
SECTION S. IMPOSITION. AND COMPUTATION OF FIRE
ASSESSMENTS. Fire Assessments,shall -be imposed against all Tax,
Parcels. within the Property Use. Categories. Fire Assessments
shall becomputed in, the manner set, forth in this Preliminary
Rate Resolution.
SECTION 6.' LEGISLATIVE DETERMINATIONS OF SPECIAL'BENEFIT
AND FAIR APPORTIONMENT. The 'legislative determinations of
special benefit and fair apportionment embodied in the Ordinance,
the. Initial Assessment Resolution, and the Final Assessment
Resolution are affirmed and incorporated herein by reference.
SECTION 7. COST APPORTIONMENT AND PARCEL APPORTIONMENT
METHODOLOGIES. The Cost Apportionment and Parcel Apportionment
and the' applicable explanatory appendices embodied and
incorporated in the. Initial Assessment Resolution and Final.
Assessment. Resolution are affirmed and incorporated herein by
reference:
;SECTION S. DETERMINATION.. OF FIRE ASSESSED COSTS;
ESTABLISHMENT OF ANNUAL FIRE ASSESSMENT_
(A) The Fire Assessed Costs. to be assessed and apportioned
among benef_ted parcels pursuant to the Cost Apportionment and
Page 4 ,of 11 00...
the Parcel Apportionment for the Fiscal Year commencing
October 1, 2000, is the amount determined in the Estimated Fire
Assessment Rate Schedule, attached hereto as "Appendix A." The
approval of the Estimated Fire Assessment Rate Schedule by the
adoption of this Preliminary Rate Resolution determines the
amount of the Fire Assessed Costs. The remainder of such Fiscal
Year budget for fire services, facilities, and programs shall be
funded from available City revenue other than Fire Assessment
proceeds.
(B) The estimated Fire Assessments specified in the
Estimated Fire Assessment Rate Schedule are hereby established to
fund the specified Fire Assessed Costs determined to be assessed
in the Fiscal Year commencing October 1, 2000. No portion of
such Fire Assessed Costs are attributable to capital improvements
necessitated by new growth or development.
(C) Institutional Property, whose use is wholly exempt from
ad valorem taxation under Florida law, provides facilities and
uses to the ownership, occupants, membership, as well as the
public in general that otherwise might be requested or required
to be provided by the City and such use thereof serves a
legitimate public purpose and provides a public benefit.
Therefore, it is fair and reasonable not to impose Fire
Assessments upon such Institutional Property whose use is also
wholly exempt from ad valorem taxation under Florida law.
(D) Public housing is intended to relieve a shortage of
safe or sanitary dwelling accommodations available at rents which
. Page 5 of 11
3
persons of low income can afford and avoid conditions which
otherwise might necessitate the further expenditures of public
funds.. The existence of public housing is recognized as serving
A public purpose and providing a public benefit. Therefore, it
is fair and reasonable not to'impose Fire Assessments upon Public
Housing Property.
(E) It is hereby ascertained, determined and. declared that
it is in the best interest of the citizens of the City of ' Miami
to assist very low income residential property owners with the
financial burden created" by the imposition of a Fire Assessment.
Accordingly,. the City elects to continue to assist residential:
.property owners who qualify for Florida's Homestead Property Tax
Deferral Program pursuant. to Sections 197.242 through 197.253,
-Florida Statutes. All qualified applicants who receive such a
Homestead Tax Deferral for the Fiscal Year in which the Fire
Assessment is being imposed shall have their Fire Assessment paid
by the City from legally available funds other than those derived
from the Fire Assessment proceeds.
(F) Provided; however'.'any-shortfall -in the expected. Fire
Assessment proceeds due to any reduction or exemption from
payment of the Fire Assessments' required by law or authorized by
the 'C.ity Commission shall be supplemented by any legally
available funds, or combination of such funds, 'and shall not be
paid .for by -proceeds of funds derived from the Fire Assessments.
It is the legislative determination of the City Commission that
ir. the event a court, of competent. jurisdiction determines any
Page' 6 of 11
�.� 0
exemption or reduction by the City Commission is improper or
otherwise adversely affects the validity of the Fire Assessment
imposed for this Fiscal Year, the sole and exclusive remedy shall
be the imposition of a Fire Assessment upon each affected Tax
Parcel in the amount of the Fire Assessment that would have been
otherwise imposed save and except for such reduction or exemption
afforded to such Tax Parcel by the City Commission.
(G) The estimated Fire Assessments established in this
Preliminary Rate Resolution shall be the estimated assessment
rates applied by the City Manager in the preparation of the
updated Assessment Roll for the Fiscal Year commencing October 1,
2000, as provided in Section 9 of this Preliminary Rate
Resolution.
SECTION 9. ANNUAL ASSESSMENT ROLL.
(A) The City Manager is hereby directed to prepare, or
cause to be prepared, an updated Assessment Roll for the Fiscal
Year commencing October 1, 2000, in the manner provided in the
Ordinance. The updated Assessment Roll shall include all Tax
Parcels within the Property Use Categories. The City Manager
shall apportion the estimated Fire Assessed Cost to be recovered
through Fire Assessments in the manner set forth in this
Preliminary Rate Resolution. A copy of this Preliminary Rate
Resolution, the Ordinance, the Initial Assessment Resolution, the
Final Assessment Resolution, and the updated Assessment Roll
shall be maintained on file in the Office of the City Clerk and
Page 7 of 11
0 803
opened to public'. -inspection. The foregoing shall not be
construed to' require that the updated Assessment Roll proposed
for the Fiscal.Year beginning October,l, 2000, be in printed form
if the amount of the Fire Assessment for each parcel of property
can,be determined by the.use of a computer terminal available to
the public..
(B) In determining. the estimated Fire Assessment for any
Tax Parcel, the updated Assessment Roll shall include, pursuant
to Section 19.5-20(B) of -the. Ordinance, an amount .equivalent to
any delinquent Fire. Assessment -imposed for a prior fiscal year,
together with any costs, fees or expenses attributable thereto:
(C) It is hereby ascertained, determined, and declared that
the method of determining the Fire Assessments for fire services
as set forth .in the Initial Assessment Resolution, the. Final
Assessment Resolution and this,. Preliminary Rate Resolution is a
fair and reasonable method of apportioning the Fire Assessed Cost
among parcels'of Assessed Property located within the City.
SECTION 10. AUTHORIZATION. OF PUBLIC HEARING. There is
hereby .established a public hearing .to be held at 5.05 p.m. on
September.14, 2000, in the City commission Chambers of. City Hall,
3500 Pan American Drive, Miami, Florida, at'which time the Citv
Commission .,-will receiveand consider any comments on the Fire
Assessments from the public and affected property owners and
consider imposing Fire Assessments for the Fiscal Year beginning
October 1., 2000, and collecting such assessments on the same bill
Page 8 of 11
as -ad valorem taxes.
SECTION 11. NOTICE BY PUBLICATION. The City Manager
shall publish a notice of the public hearing authorized by
Section 10 of this Preliminary Rate Resolution in the manner and
time provided in Section 19.5-10 of the Ordinance. The notice
shall be published no later than August 24, 2000, in
substantially the form attached hereto as "Appendix B."
SECTION 12. NOTICE BY MAIL.
(A) Pursuant to Section 200.069 (13) (a), Florida Statutes,
and with agreement of the Property Appraiser, the City Commission.
elects to combine notice of the public hearing authorized by
Section 10 hereof with the truth-in=millage notification required
pursuant to Section 200.069, Florida Statutes. Such mailed
notice shall be in the form required by Section 200.069 (13) (a) ,
Florida Statutes, and provide all of the information required by
the Uniform Assessment Collection Act and the Ordinance necessary
to impose Fire Assessments for the Fiscal Year beginning October
1, 2000.
(B) By August 10, 2000, the City Manager shall make the
determination whether the Property Appraiser is able and willing
to timely combine the mailed notice provided for in
subsection (A) of this Section with the truth-in-millage
notification required pursuant to Section 200.069, Florida
Statutes. If the City Manager determines the Property Appraiser
Page 9 of 11
Wk" '803
L_
is —unable or unwilling to timely. combine the mailed notice
provided for in subsection (A) of this Section with the.truth-in-
.millage notification. required., pursuant to Section 200.069,
Florida Statutes, .then the City Manager is authorized and
directed to provide notice by first class mail to the Owner of
each parcel of Assessed ,Property, as required by Section 19.5-11
of the Ordinance. Such notice shall be in substantially the form,
attached hereto as "Appendix C." Such notices shall be mailed no
later than August 24 2'000.
SECTION 13. APPLICATION,OF ASSESSMENT PROCEEDS. Proceeds
derived by the City, from the Fire Assessments will be utilized
for the provision of fire services, facilities, and programs. In
the event there is any fund balance remaining at the end of the
Fiscal Year, such balance 'shall. be. carried forward and used only
to fund fire services, facilities, and programs.
SECTION 14. EFFECTIVE DATE. This Preliminary .Rate
Resolution shall take effect immediately.. upon its passage and
adoption.
Page 10 of 11
00— 803
SECTION 15. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.:
PASSED AND ADOPTED this 27th day of Ju , 2000.
JOE CAROLLO, MAYOR
io accordance with Miami Code Sec. 2-38. since the Mayor did not Indic:sst9 a ve. ^i Of
Bring it in the des' ed pr d:d .
this le.-`� ation by s�� gnat piE..e a�. , said
beoo^--s etfrctive with the e!apsa of ,en (10) dGys f tl' a date c' Cc:r:rr,;
regardi►�� same, N�hc:it the Mayor �xar�isit�g v
ATTEST:
WALTER J. FOEMAN, CITY CLERK
APPROVED AS FORM ORREC'
529:GKW:BSS
S:t
City Clerk
1 If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission_
Page 11 of. 11
00- 803
0 . 0
APPENDIX A
ESTIMATED FIRE ASSESSMENT RATE SCHEDULE
00- 803
0 0
APPENDIX A
ESTIMATED FIRE ASSESSMENT RATE SCHEDULE
SECTION A-1. DETERMINATION OF FIRE ASSESSED COSTS. :ze
estimated Fire Assessed Costs to be assessed for the Fiscal Year
commencing October 1, 2000, is $18,741,948.
SECTION A-2. ESTIMATED FIRE ASSESSMENTS. The estimated
Fire Assessments to be assessed and apportioned among benefited
parcels pursuant to the Cost Apportionment and Parcel
Apportionment to generate the estimated Fire Assessed Cost for
the Fiscal Year commencing October 1, 2000, are hereby
established as follows for the purpose of this Preliminary Rate
Resolution:
IAL
USE
IES
Rate Per
Dwelling Unit
$ 1.00
$212.0
e y
FSingle
ysing
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
Building
Classification
(in square foot
ranges)
< 11999
Commercial
$ 124
Industrial/
Warehouse
$ 46
Institutional
$ 13
2,000 - 3,499 $ 248
3, 500 - 4,999 4 $ 161
47 71
S, 0 - 9,999 $ 621 0
675
10,000 - 19,999 $1,242 $ 4011
$1,351
20,000 - 29,999 $2,483 921
$2,702
30,000 - 39,999 3,7 2 5 1,382
$4,052
40,000 - 49,999. $4,966 $1,843
$5,403
50,000 - 59,999 $6,208 $2,304
$6,754
60,-000 - 69,999 $7,450 $2,764
$8,105
70,01-0 - 79,999 $8,691 $3,225
$9,456
80;000 - 89,999 $9,933 $3,686
$10,806
90,0-00 - 99,999 $11,174 4,146
$12,157
100,000 - 124,999 $12,416 $4,607
$13,508
'2;,J00 - 149,999 $15,520 5,759
16,8
150,-000 - 174,979 $18,624 6,91120,20
17,000 - 199,999 21,728 8,003
$2 ,03
> 20 ,000 11 24,832 9,214
27,01
1 li y i' C.
1
6SO 3
-
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
ti
00- 803
L_
APPENDIX B
FORM OF NOTICE TO BE PUBLISHED
To Be Published by August 24, 2000.
[INSERT MAP OF CITY]
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS
Notice is hereby given that the City Commission of the City
of Miami will conduct a public hearing to consider imposing
special assessments for the provision of fire services within the
City of Miami for the Fiscal Year beginning October 1, 2000.
The hearing will be held at 5:05 p.m. on September 14, 2000,
in the City Commission Chambers of City Hall, 3500 Pan American
Drive,' Miami, Florida, for the purpose of receiving public
comment on the proposed assessments. All affected property
owners have a right to appear at the hearing and to file written
objections with the City Commission within 20 days of this
notice. If a person decides to appeal any decision made by the
City Commission with respect to any matter considered at the
hearing, such person will need a record of the proceedings and
may need to ensure that a verbatim record is made, including the
testimony and evidence upon which the appeal is to be made. In
accordance with the Americans with Disabilities Act, persons
needing a special accommodation or an interpreter to participate
in this proceeding should contact the City Clerk at
(305) 250-5360 at least seven days prior to the date of the
hearing.
7"he assessmen_ ea_^ .oarce_ o= ^rope_ .; w_;: oe -aseo
upon each parcel's classifica_ior.. and the total number of bil'_ing
units attributed to that parcel. The following table reflects
the proposed fire assessment schedule.
RESIDENTIAL
PROPERTY USE
CATEGORIES.
Rate Per
Dwelling Unit
Commercial
Industrial/
Warehouse
Institutional
Single Family
S 1.
u ti- ami y
.
Public Housing
NON-RESIDENTIAL
PROPERTY USE
CATEGORIES
$212.
Building
Classification
(in square foot
ranges)
< 11
124
4
$ 1
2,000 - 3,499
3,500 - 4,999
_
$1,382
$4,052
40,-000 - 49,,9994,
1,843
, 4
50,000 -
4
4
60,000 - 69,999
$7,4 4
,1
70,000 - 79,999
$9,691 $3,225
$9,45
80,000 -
1 ,
, -
$11,174 $4,146
$12,15
1 _4,
, 4 4.
,
125,000- 149,
15,
$16,88
iso,000 - 174—,797
.$181 $6,911
$20,.2
175,000 - 199,999
$21—,727 $8,
$23, 3
> 200,000
$24,8321 $9,214127,01
Pursuant to Section 8 of the Preliminary Rat.e Resolution
(Resolution No. 98-773), the City Commission has ascertained,
determined, and declared that Institutional Properties provide
facilities and uses to the ownership, occupants, membership, as
well, as the public i.n general that otherwise might be requested
or required to be provided by the- City .and such use thereof
2-2
00-
serves a legitimate public purpose and provides a public benefit.
Therefore, it is fair and reasonable not to impose Fire
Assessments upon such Institutional Property whose use is also
wholly exempt from ad valorem taxation under Florida Law, which
typically describes improved parcels which are neither
residential, commercial or industrial in use, and are
predominately used for educational, governmental, eleemosynary,
community service, religious, cultural, literary, health care,
benevolent and scientific purposes.
Pursuant to Section S of the Preliminary Rate Resolution the
City Commission has ascertained, determined, and declared that
Public Housing Property relieves.a shortage of safe or ,sanitary
dwelling accommodations available at rents which persons of -low
income can afford and avoids conditions which otherwise might
necessitate the further expenditure of public funds. Therefore,
it is fair and reasonable not to impose Fire Assessments upon
Public Housing Property.
Any shortfall in the expected Fire Assessment proceeds due
to any reduction or exemption from payment of the Fire
Assessments required by law or authorized by the City Commission
shall be supplemented by any legally available funds, or
combination of such funds, and shall not be paid for by proceeds
of funds derived from the Fire Assessments. The City Commission
has also made the legislative determination that in the event a
court of competent jurisdiction determines any exemption or
reduction by the City Commission is improper or otherwise
adversely affects the validity of the Fire Assessments imposed
<' '' ,. '!.
d
803
Com:
APPENDIX C
FORM OF NOTICE TO HE MAILED
IN THE EVENT THAT THE PROPERTY
APPRAISER DOES NOT COMBINE THE ASSESSMENT
NOTICE WITH THE TRIM NOTIFICATION
0 �.
APPENDIX C
FORM OF NOTICE TO BE MAILED
* * * * * NOTICE TO PROPERTY OWNER * * * * *
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Owner Name
Address
City, State Zip
CITY OF MIAMI, FLORIDA
NOTICE OF HEARING TO IMPOSE AND
PROVIDE FOR COLLECTION
OFNON-AD VALOREM FIRE ASSESSMENTS
NOTICE DATE: AUGUST 24, 2000
Tax Parcel #:
Legal Description:
Sequence #:
As required by Section 197.3632, Florida Statutes, notice is
given by the City of Miami that an annual assessment for fire
services using the tax bill collection method, may be levied on
your property for the fiscal year October 1, 2000 - September 30,
2001. Previous special assessments to fund fire services
benefitting improved property located within the City of have
proven to be fair, efficient and effective. The total annual
fire assessment revenue to be collected within the City of Miami
for the upcoming fiscal year is estimated to be $18,741,948. The
annual fire assessment is based on the classification of each
parcel of property and number of billing units contained therein.
The above parcel is classified as
The total number of number of billing units on the above
parcel is
The annual
S
0
°Ire assessment for the above, pan=el is
A public hearing will be held at 5:05 p.m. on September 14,
2000, in the City. Commission Chambers of City Hall, 3500 Pan
American Drive,' Miami, Florida for the purpose of receiving
public comment on the proposed assessments. This, notice
addresses'a special, assessment to ,partially fund the cost to make
fire services available during the period from October 1, 2000,
through September 30, 2001, which will be collected on the same
bill as .ad valorem taxes. You and all other affected property
owners have a right to appear at the hearing and to file written
objections with the City Commission within 20 days of this
notice. If you decide to appeal any, decision made by the City
Commission with respect to any matter considered at the hearing,
you will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and
evidence upon which the appeal is, to be made. In accordance with
the Americans with Disabilities Act, persons needing a special
accommodation or an interpreter'. to participate in this proceeding
should: contact the City Clerk.at (305) 250-5360 at least seven
days prior to the date of the hearing..
Unless proper steps are initiated in a court of competent
jurisdiction to secure relief within 20 days from the date of
City Commission action at the above hearing (including the method
of apportionment, the rate of assessment and the imposition of
assessments), such action shall' be the .final adjudication of the
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issues presented.
Copies
of the
Fire Rescue Assessment Ordinance
(Ordinance
No. 11584),
the
Initial Assessment Resolution
(Resolution.
No. 98-325),
the
Final Assessment Resolution
(Resolution,
No. 98-419), the Preliminary Rate Resolution initiating the
annual process of updating the Assessment Roll and imposing the
Fire Assessments, and the preliminary Assessment Roll for the
upcoming Fiscal Year are available for inspection at the Office
of the City Clerk of Miami, Florida, 3500 Pan American Drive,
Miami, Florida.
Both the non -ad valorem fire assessment amount shown on this
notice and the ad valorem taxes for the above parcel will be
collected on the ad valorem tax bill mailed in November. Failure
to pay the assessments will cause a tax certificate to be issued
against the property which may result in a loss of title.
If there is a mistake on this notice, it will be corrected.
If you have any questions regarding your fire assessment, please
contact the Department of Fire -Rescue at (305) 416-1770, Monday
through Friday between 8:30 a.m. and 4:30 p.m.
* * * * THIS IS NOT A BILL * * * * *
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